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RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
City of Pleasant Hill
Attn: City Engineer
100 Gregory Lane
Pleasant Hill, CA 94523
(Space above this line for Recorder's Use Only)
SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 9520
(Government Code §66462 and PHMC §17.35.060.)
This Agreement is entered into on _ 2022 between the City of Pleasant Hill ("City") and CDP PH Holding LLC, a Delaware limited liability company ("Developer").
Recitals
A. Developer is the subdivider of real property located at the southwest corner of Taylor Boulevard and Lucille Lane, on two parcels totaling 4.86 acres, in Pleasant Hill. The Assessor's Parcel Numbers (APNs) are as follows: 153-050-057 and 153-050-058 and described in Exhibit A, attached (the "Vesting Tentative Map" or "Property").
B. Developer has presented a final subdivision map for the Property, Tract 9520, ("Final Map") and has requested that City approve the Final Map so that it may be filed and recorded as required by law.
As a condition precedent to the acceptance and approval of the Final Map, the City requires the construction of certain public improvements as shown on the Final Map.
NOW, THEREFORE, the parties agree as follows:
1. Required Improvements.
Developer shall, at its sole cost and expense, install and complete the work and improvements required in the approved on-site improvement plans for Tract 9520 ("On-Site Improvements") and the approved off-site improvement plans for Tract 9520 ('Off-Site Improvements"), (collectively referred to as the "Improvements), a copy of 1 which is on file in the Public Works Department and incorporated herein by reference.
All Improvements shall be done in a professional and worker-like manner in accordance with the latest City of Pleasant Hill Public Works Standards, the Standard Specifications of Contra Costa County for Public Works Construction and the latest Standard Specifications of the State of California, Department of Transportation. If there is any conflict between the specifications, the most stringent requirement shall prevail.
b. Developer warrants that the Improvement plans identified in subparagraph a. above are accurate and complete. If at any time before expiration of the one year repair and maintenance period described in paragraph 4, the Improvement plans prove to be inadequate in any material respect, Developer shall make whatever changes are necessary to insure the plans are accurate and complete. Moreover, in the event that work on the Improvements has been performed pursuant to inaccurate or incomplete improvement plans, Developer shall correct such work as well at its own expense.
Time for Completion. All Improvements shall be installed and completed within two years from the date of this Agreement. (PHMC §17.35.090.)
3. Costs of Inspection. The City, or its contractor, shall inspect the Improvements and Developer shall pay the cost of any required inspection of the Improvements.
4. One Year Repair and Maintenance Period. For a period of one year from the date the City adopts a resolution formally accepting the On-Site Improvements or the Off-Site Improvements, Developer agrees to maintain the On-Site Improvements or the Off-Site Improvements and repair any defects in such Improvements. The parties acknowledge that there could be different acceptance dates for the On-Site Improvements and the Off-site Improvements so the maintenance periods could be different. The City shall provide written notice of any repair or correction work which, in the opinion of the City Engineer, must be completed. If within the one year period Developer fails, refuses or neglects to complete any repairs or corrections within 30 days of mailing of written notice from the City, the City may complete the work and recover the full cost and expense of doing so from Developer, including proceeding against the security posted by Developer as required in paragraph 6. (PHMC §17.35.070.)
Security.
a. Amount of Security. Upon execution of this Agreement, Developer shall file the following bonds with the City:
(1) Faithful Performance Bond. Developer shall submit a corporate surety bond in the amount of $1,531,233.00 for the On-Site Improvements and $1,180,344.00 for the Off-Site Improvements, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the faithful 2 performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (Gov't. Code §66499.1 and PHMC §17.35.070 8.1.a.)
(2) Labor and Materials Bond. Developer shall submit a corporate surety bond in the amount of $1,531,233.00 for the On-Site Improvements and $1,180,344.00 for the Off-Site Improvements, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (Gov't. Code §66499.1 and PHMC §17.35.070 B.1.b.)
(3) Maintenance. Before the City's acceptance of the Onsite Improvements or the Offsite Improvements, Developer shall deposit with the City either cash or an acceptable corporate surety bond in the amount of 15% of the estimated cost of construction of the On-Site Improvements or the Off-Site Improvements as security for maintenance of the Improvements and to guarantee the On-Site Improvements or the Off-Site Improvements against any defective work or labor done, or defective materials used in the work. (PHMC §17.35.070
8.1.c.)
b. Estimate of Improvement Costs. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in enforcing the obligations secured. (Govt. Code §§ 66499.3, 66499.4 and PHMC §17.35.070.)
The estimate of improvement costs shall be as approved by the city engineer and shall provide for:
(1) Total construction costs, including implementing the pollution prevention plan (based on projected city costs under the State Public Contract Code); (2) Ten percent of the total construction cost for contingencies; (3) Increase for projected inflation computed to the estimated end of construction;
(4) All utility installation costs or a certification acceptable to the city engineer from the utility company that adequate security has been deposited to ensure installation; and
3 (5) Enforcement costs calculated as 5% of the estimated construction cost.
These enforcement costs are not added if the bond language includes enforcement costs in addition to the face amount of the bond.
C. Release of Security. Release of security shall be in accordance with PHMC $17.35.070D.
No Waiver by City. City inspection, approval or acceptance of the Improvements shall not relieve Developer of its obligations to fulfill this Agreement as prescribed, nor shall the City be estopped from bringing any action for damages arising from Developer's failure to comply with the terms and conditions of this Agreement.
7. Indemnity. Developer agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of the performance of this Agreement, except for any claim arising solely out of the active negligence, sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
8. Insurance. Developer, at Developer's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies with insurers possessing a Best's rating of no less than A:VIl:
a. l Workers' Compensation Coverage. Developer shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Developer shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least 30 days before the change.
General Liability Coverage. Developer shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
4 C. Automobile Liability Coverage. Developer shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Developer arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Course of Construction Insurance. Developer shall maintain course of construction insurance covering for all risks of loss in an amount equal to the value of the project. The policy shall name the City as a loss payee and shall be endorsed with a provision indicating the insurer shall waive all rights of subrogation against the City.
e. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
(1) The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Developer, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
(3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
(5) Any explosion, collapse, and underground property damage exclusion must be deleted.
5 (6) Any failure to comply with reporting provisions of the policies shall not effect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(7) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
f. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Developer shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
g. Certificates of Insurance and Endorsements. Developer shall provide certificates of insurance with original endorsements to City as evidence of the required insurance coverage. Certificates of such insurance shall be filed with the City on or before of the Owner begins performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Map Recordation. City agrees to allow Developer to record the Final Map.
10. Notices. Any notice or other communication required to be given under this Agreement shall be in writing, addressed as set forth below and either served personally or sent prepaid, first class mail:
If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Developer: CDP PH Holding LLC,
a Delaware limited liability company
675 Hartz Ave, Suite 301
Danville, CA 94526
Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
6 11. Heirs, Successors and Assigns. This Agreement shall be recorded with the County Recorder's Office and the provisions of this Agreement shall bind and inure to the benefit of the heirs, successors, and assigns of the parties.
12. Amendments. This Agreement and the approved improvement plans referred to in this Agreement contain the entire agreement between Developer and the City with respect to the Improvements. No modification to this Agreement shall be effective unless it is in writing, signed by the Developer and the City and approved as to form by the City Attorney.
13. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. •
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above
CITY OF PLEASANT HILL: DEVELOPER:
CDP PH Holding LLC,
a Delaware limited liability company
By: PH Residential Partners LLC
A Delaware limited liability
Its: Sole Member
By: CDP MM LLC
a California limited liability company
Its: Managing Member
June W. Catalano By: Tood A. Deutscher
City Manager Manager
Business License No.
APPROVED AS TO FORM: ATTEST:
Janet E. Coleson Carol W. Wu
City Attorney City Clerk
8 Exhibit A
Property Description
Real property in the City of Pleasant Hill, County of Contra Costa, State of California, described as follows:
PARCEL ONE:
PORTION OF RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO WILL T. BENNETT, ET AL, RECORDED AUGUST 11, 1943, BOOK 745, OFFICIAL RECORDS, PAGE 111, DISTANT THEREON NORTH 89° 39' 21" EAST, 200.62 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTH AND WEST LINES OF SAID BENNETT PARCEL, SOUTH 89° 39' 21" WEST, 200.62 FEET AND NORTH 18° 00' 19" WEST, 334.04 FEET TO THE SOUTH LINE OF TAYLOR
BOULEVARD, BEING THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL TWO IN THE DEED TO CONTRA COSTA COUNTY, RECORDED OCTOBER 27, 1961, BOOK 3982, OFFICIAL RECORDS, PAGE 464; THENCE ALONG SAID SOUTH LINE, NORTH 80° 30' 40" EAST, 54.50 FEET AND NORTH 89° 58' 31" EAST, 225.98 FEET; THENCE SOUTHERLY IN A DIRECT LINE TO THE POINT OF BEGINNING.
PARCEL TWO:
PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF THE PARCEL OF LAND, DESCRIBED AS PARCEL ONE IN
THE DEED TO NORTHERN CALIFORNIA CONFERENCE ASSOCIATION OF THE SEVENTH DAY ADVENTIST, RECORDED DECEMBER 29, 1967, BOOK 5526, OFFICIAL RECORDS, PAGE 760, AT THE SOUTH LINE OF TAYLOR BOULEVARD, BEING THE SOUTH LINE OF THE
PARCEL OF LAND DESCRIBED AS PARCEL TWO IN THE DEED TO CONTRA COSTA COUNTY, RECORDED OCTOBER 27, 1961, BOOK 3982, OFFICIAL RECORDS, PAGE 464, THENCE FROM SAID POINT OF BEGINNING, ALONG SAID SOUTH LINE, SOUTH 58° 01' 18' EAST, 28.30 FEET AND SOUTH 89° 35' 26" EAST, 247.11 FEET; THENCE SOUTH 00° 01' 29" EAST, 307.33 FEET TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO WILL T. BENNETT, ET AL, RECORDED AUGUST 11, 1943, BOOK 745, OFFICIAL RECORDS, PAGE 111; THENCE SOUTH 89° 39' 21" WEST, ALONG SAID SOUTH LINE 247.11
FEET TO THE EAST LINE OF SAID NORTHERN CALIFORNIA CONFERENCE ASSOCIATION OF THE SEVENTH DAY ADVENTIST; THENCE NORTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
PARCEL THREE:
A RIGHT OF WAY (NOT TO BE EXCLUSIVE), APPURTENANT TO PARCELS ONE AND TWO
ABOVE, FOR USE AS A ROADWAY FOR VEHICLES OF ALL KINDS, PEDESTRIANS AND
ANIMALS, FOR WATER, GAS, OIL AND SEWER PIPE LINES, AND FOR TELEPHONE,
TELEVISION SERVICE, ELECTRIC LIGHT AND POWER LINES, TOGETHER WITH THE
NECESSARY POLES OR CONDUITS, AS AN APPURTENANCE TO PARCEL ONE ABOVE, OVER A PORTION OF RANCHO LAS JUNTAS, BEING A STRIP OF LAND 60.01 FEET IN WIDTH, THE WEST LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE OF TAYLOR BOULEVARD, BEING THE SOUTH LINE OF 9 THE PARCEL OF LAND DESCRIBED AS PARCEL TWO IN THE DEED TO CONTRA COSTA COUNTY, RECORDED OCTOBER 27, 1961, BOOK 3982, OFFICIAL RECORDS, PAGE 464, DISTANT THEREON NORTH 89° 35' 26" WEST, 60.01 FEET FROM THE POINT DESIGNATED AS STATION "J" IN THE DESCRIPTION IN SAID DEED; THENCE FROM SAID POINT OF BEGINNING SOUTH 0° 01' 29" EAST TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO WILL T. BENNETT, ET AL, RECORDED AUGUST 11, 1943, BOOK 745, OFFICIAL RECORDS, PAGE 111.
PARCEL FOUR:
A RIGHT OF WAY, NOT TO BE EXCLUSIVE, APPURTENANT TO PARCELS ONE AND TWO
ABOVE, FOR WATER, GAS, OIL AND SEWER PIPE LINES, AND FOR TELEPHONE,
TELEVISION SERVICE, ELECTRIC LIGHT AND POWER LINES, TOGETHER WITH THE
NECESSARY POLES OR CONDUITS, AS AN APPURTENANCE TO PARCEL ONE ABOVE, OVER A PORTION OF RANCHO LAS JUNTAS, BEING A STRIP OF LAND 10 FEET IN WIDTH, THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTH LINE OF TAYLOR BOULEVARD, BEING THE SOUTH LINE OF
THE PARCEL OF LAND DESCRIBED AS PARCEL TWO IN THE DEED TO CONTRA COSTA COUNTY, RECORDED OCTOBER 27, 1961, BOOK 3982, OFFICIAL RECORDS, PAGE 464, DISTANT THEREON NORTH 89° 35' 26" WEST, 60.01 FEET FROM THE POINT OF DESIGNATED AS STATION "J" IN THE DESCRIPTION IN SAID DEED; THENCE FROM SAID POINT OF COMMENCEMENT SOUTH 0° 01' 29" EAST TO THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO WILL T. BENNETT, ET AL, RECORDED AUGUST 11, 1943, BOOK 745, OFFICIAL RECORDS, PAGE 111, THENCE NORTH 89° 39' 21" EAST, ALONG SAID SOUTH LINE 60.01 FEET TO THE ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED SOUTH LINE ; THENCE FROM SAID POINT OF BEGINNING NORTH 89° 39' 21" EAST, ALONG SAID SOUTH LINE, 423.44 FEET TO THE WEST LINE OF THE PARCEL OF
LAND DESCRIBED AS PARCEL ONE IN THE DEED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF LATTER-DAY SAINTS, RECORDED JULY 7, 1964, BOOK 4654, OFFICIAL RECORDS, PAGE 126.
PARCEL FIVE:
RIGHT OF WAY, APPURTENANT TO PARCELS ONE AND TWO ABOVE, CREATED IN
REFERENCE TO THE PREMISES, IN THE DEED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, RECORDED JULY 7, 1964, BOOK 4654, OFFICIAL RECORDS, PAGE 126, AS FOLLOWS:
"RIGHT OF WAY, NOT TO BE EXCLUSIVE, AS AN APPURTENANCE TO PARCEL ONE ABOVE, FOR SEWER PIPE LINES AND DRAINAGE PURPOSES, OVER THE SOUTH 10 FEET OF THE WEST 15.17 FEET OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN SAID DEED, 4654 OR 126"
PARCEL SIX:
BEGINNING ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE
IN THE DEED FROM VERA BENNETT MCMAHON TO NORTHERN CALIFORNIA
CONFERENCE ASSOCIATION OF THE SEVENTH DAY ADVENTIST, A CORPORATION, RECORDED DECEMBER 29, 1967 IN BOOK 5526 OF OFFICIAL RECORDS, AT PAGE 760 AT
AN EAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE JUDGEMENT OF THE
DECLARATION OF TAKING WHEREIN THE UNITED STATES OF AMERICA, PLAINTIFF, VS DAVID ROCHE, ET AL, DEFENDANTS, UNDER CASE NO. 21899-R, HAD IN THE SOUTHERN
DIVISION OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 10 CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED JUNE 19, 1941 IN BOOK 597 OF OFFICIAL RECORDS, AT PAGE 136; THENCE FROM SAID POINT OF BEGINNING NORTH 89° 39' 21" EAST ALONG THE SOUTH LINE OF SAID ADVENTIST PARCEL ONE (5526 OR 760) 200.62 FEET TO THE WEST LINE OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN
THE DEED FROM VERA BENNETT MCMAHON TO NORTHERN CALIFORNIA CONFERENCE
ASSOCIATION OF THE SEVENTH DAY ADVENTIST, A CORPORATION, RECORDED FEBRUARY 9, 1968 IN BOOK 5555 OF OFFICIAL RECORDS, PAGE 485; THENCE CONTINUING NORTH 89° 39' 21" EAST ALONG THE SOUTH LINE OF SAID LAST MENTIONED ADVENTIST PARCEL ONE (5555 OR 485) 247.11 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING NORTH 89° 39' 21" EAST 30.00 FEET; THENCE SOUTH 0° 01' 29" EAST 125.00 FEET; THENCE SOUTH 89° 39' 21" WEST, 437.23 FEET TO THE EAST LINE OF THE ABOVE MENTIONED UNITED STATES OF AMERICA PARCEL (597 OR 136); THENCE NORTH 18° 00' 19" WEST, ALONG SAID EAST LINE (597 OR 136) 131.18 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, ALL THAT PORTION LYING WITHIN PARCELS TWO AND SIX ABOVE, AS CONVEYED IN THE DEED TO THE CITY OF PLEASANT HILL, RECORDED MAY 5, 1971 IN BOOK 6374, PAGE 288 OF OFFICIAL RECORDS.
APN: 153-050-057-6, as to Parcels One and Two
153-050-058-4, as to Parcel Six
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss:
County of CONTRA COSTA
On MAy 23, 2022 _ 2022 before me, JESSICA WINK (here insert name of the officer, Notary Public, personally appeared TODD A. DEUTSCHER _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
On
Signature of Notary Public
[Seal]
JESSICA WINTER
Notary Public - California
Contra Costa County
Commission # 2310343
AUTORATE My Comm. Expires Oct 24, 2023